5101:6-20-01
State hearings - disqualification for intentional program violation.

(A)
Chapter
5101:6-20 of the Administrative Code governs disqualification for intentional
program violation in the Ohio works first (OWF), prevention, retention and
contingency (PRC) and food assistance programs.

(B)
An individual may be disqualified from
the OWF, PRC and/or food assistance programs for intentional program violation
based on one of the following.

(1)
A finding
by a court that the individual has committed a criminal offense connected to
violation of the OWF and/or PRC program, and/or food assistance
requirements.

(2)
A
disqualification consent agreement, signed by the individual, in accordance
with rule
5101:6-20-40 of the
Administrative Code.

(3)
An
administrative disqualification hearing decision that finds that the individual
has committed an intentional program violation.

(4)
A waiver of the right to an
administrative disqualification hearing, signed by the individual, in
accordance with rule
5101:6-20-30 of the
Administrative Code.

(C)
The local agency is responsible for investigating any case alleging an
intentional program violation, regardless of the suspected individual's current
eligibility status, and for ensuring that appropriate cases are acted upon
either through administrative disqualification procedures or referral for
prosecution.

(D)
Local agencies are
encouraged to refer for prosecution those individuals suspected of committing
intentional program violation, particularly if the value of benefits involved
is large or if the individual is suspected of committing more than one act of
intentional program violation.

(1)
The local
agency shall confer with its legal representative to determine the types of
cases which will be accepted for possible prosecution.

(2)
Local agencies shall also encourage local
prosecutors to recommend to the courts that a disqualification penalty, as
provided for by rule
5101:6-20-03 of the
Administrative Code, be imposed in addition to any other civil or criminal
penalties for such violations.

(E)
Administrative disqualification
procedures should be initiated in the following situations:

(1)
The local agency believes the facts of
the case do not warrant civil or criminal prosecution.

(2)
The facts of the case were previously
referred for prosecution but were declined by the appropriate legal
authority.

(3)
No action was taken
on a previously referred case within a reasonable time and the referral was
formally withdrawn by the local agency.

(F)
The local agency shall not initiate
administrative disqualification procedures against an individual currently
being referred for prosecution or subsequent to any action taken against the
individual by the prosecutor or the court, if the factual issues of the case
arise out of the same, or related, circumstances.

(1)
Such action by the court shall include
receiving a complaint of an intentional program violation.

(2)
Such action by the prosecutor shall
include the filing of a complaint in court or presentation of the case to a
grand jury, regardless of whether the grand jury returns an
indictment.

(3)
The prosecutor's
independent review and investigation of a referred case shall not, by itself,
constitute such action.

(G)
The local agency shall not initiate
administrative disqualification procedures against an accused individual when a
previous administrative disqualification hearing on the same, or related,
circumstances was decided in the accused individual's favor.

(H)
In proceeding against an individual, the
local agency shall coordinate any corresponding actions taken under the OWF,
PRC and food assistance programs where the factual issues arise
from the same or related circumstances.